2020 -- S 2687 | |
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LC004898 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO FOOD AND DRUGS -- KRATOM CONSUMER PROTECTION ACT | |
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Introduced By: Senator Joshua Miller | |
Date Introduced: February 27, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 28.11 |
4 | KRATOM CONSUMER PROTECTION ACT |
5 | 21-28.11-1. Short title. |
6 | This chapter shall be known and may be cited as the "Kratom Consumer Protection Act." |
7 | 21-28.11-2. Purpose. |
8 | Kratom is a tropical evergreen native to the marshy jungles of Southeast Asia. Its broad |
9 | green leaves contain the active, addictive constituent mitragynine which is likened to cocaine for |
10 | its stimulant effects on the central nervous system when taken in low doses and a sedative effect |
11 | when taken in higher doses. The United States Drug Enforcement Agency withdrew an August, |
12 | 2016 "notice of intent" to place kratom into Schedule I of the Controlled Substances Act. This |
13 | legislation seeks to regulate the distribution of kratom products to consumers as this substance is a |
14 | "drug of concern." |
15 | 21-28.11-2. Definitions. |
16 | As used in this chapter: |
17 | (1) "Dealer" means a person that sells, prepares, or maintains kratom products, or |
18 | advertises, represents, or holds itself out as selling, preparing, or maintaining kratom products. |
19 | Dealer includes, but is not limited to, a manufacturer, wholesaler, store, restaurant, hotel, catering |
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1 | facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home, |
2 | or food or drink company. |
3 | (2) "Department" means the department of health. |
4 | (3) "Director" means the director of the department or designee. |
5 | (4) "Food" means a food, food product, food ingredient, dietary ingredient, dietary |
6 | supplement, or beverage for human consumption. |
7 | (5) "Kratom product" means a food product or dietary ingredient containing any part of the |
8 | leaf of the plant Mitragyna speciosa. |
9 | 21-28.11-4. Kratom product disclosure required. |
10 | (a) A dealer that prepares, distributes, sells, or exposes for sale a food that is represented |
11 | to be a kratom product shall disclose on the product label the factual basis upon which that |
12 | representation is made. |
13 | (b) A dealer shall not prepare, distribute, sell, or expose for sale a food represented to be a |
14 | kratom product that does not conform to the disclosure required under subsection (a) of this section. |
15 | 21-28.11-5. Kratom product adulteration and contamination prohibited. |
16 | A dealer shall not prepare, distribute, sell, or expose for sale any of the following: |
17 | (1) A kratom product that is adulterated with a dangerous non-kratom substance. A kratom |
18 | product is adulterated with a dangerous non-kratom substance if the kratom product is mixed or |
19 | packed with a non-kratom substance and that substance affects the quality or strength of the kratom |
20 | product to such a degree as to render the kratom product injurious to a consumer; |
21 | (2) A kratom product that is contaminated with a dangerous non-kratom substance. A |
22 | kratom product is contaminated with a dangerous non-kratom substance if the kratom product |
23 | contains a poisonous or otherwise deleterious non-kratom ingredient, including, but not limited to, |
24 | the substances listed in § 21-28-2.08; |
25 | (3) A kratom product that contains a level of 7-hydroxymitragynine in the alkaloid fraction |
26 | that is greater than two percent (2%) of the alkaloid composition of the product; |
27 | (4) A kratom product that contains a synthetic alkaloid, including, but not limited to, |
28 | synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived |
29 | compound of the kratom plant; or |
30 | (5) A kratom product that does not include on its package or label the amount of |
31 | mitragynine and 7-hydroxymitragynine contained in the product. |
32 | 21-28.11-6. Sales to minors prohibited. |
33 | A dealer shall not distribute, sell, or expose for sale a kratom product to an individual under |
34 | eighteen (18) years of age. |
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1 | 21-28.11-7. Civil and criminal penalties for violations. |
2 | (a) A dealer that violates § 21-28.11-4(a) is subject to an administrative fine of not more |
3 | than five hundred dollars ($500) for the first offense and not more than one thousand dollars |
4 | ($1,000) for a second or subsequent offense. Upon the request of a person to whom an |
5 | administrative fine is issued, the director shall conduct a hearing in accordance with the procedures |
6 | as set forth in chapter 35 of title 42 (the administrative procedures act). |
7 | (b) A dealer that violates §§ 21-28.11-4(b), 21-28.11-5, or 21-28.11-6 is guilty of a |
8 | misdemeanor punishable by imprisonment for not more than ninety (90) days or a fine of not more |
9 | than five hundred dollars ($500), or both. |
10 | (c) A person aggrieved by a violation of §§ 21-28.11-4(b) or 21-28.11-5 may, in addition |
11 | to, and distinct from any other remedy at law or equity, bring a private cause of action, in a |
12 | competent court of jurisdiction, for damages resulting from that violation, including, but not limited |
13 | to, economic, noneconomic, or consequential damages. |
14 | (d) A dealer does not violate §§ 21-28.11-4(b) or 21-28.11-5 if it is shown by a |
15 | preponderance of the evidence that the dealer relied in good faith upon the representations of a |
16 | manufacturer, processor, packer, or distributor of food represented to be a kratom product. |
17 | 21-28.11-8. Promulgation of rules and regulations. |
18 | The department shall promulgate rules and regulation for the administration and |
19 | enforcement of this chapter, including, but not limited to, the format, size, and placement of the |
20 | disclosure label required under § 21-28.11-4(a) and the information that must be included in the |
21 | disclosure. |
22 | SECTION 2. This act shall take effect on September 1, 2020. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- KRATOM CONSUMER PROTECTION ACT | |
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1 | This act would regulate the distribution of food products containing the drug kratom, a |
2 | drug of concern for its stimulant and sedative effects, to consumers by the department of health. |
3 | This act would take effect on September 1, 2020. |
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